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WHITEBOX CONCENTRATED CONVERTIBLE ARBITRAGE PARTNERS, L.P. v. SUPERIOR WELL

No. 176.

20 N.Y.3d 59 (2012)

980 N.E.2d 487

956 N.Y.S.2d 439

2012 NY Slip Op 7143

WHITEBOX CONCENTRATED CONVERTIBLE ARBITRAGE PARTNERS, L.P., et al., Appellants, v. SUPERIOR WELL SERVICES, INC., Respondent.

Court of Appeals of New York.

Decided October 25, 2012.

Attorney(s) appearing for the Case

Ross & Orenstein LLC, Minneapolis, Minnesota ( John B. Orenstein of counsel), and Zeichner Ellman & Krause LLP, New York City ( Yoav M. Griver , Michael E. Sims and Tracee E. Davis of counsel), for appellants.

Simpson Thacher & Bartlett LLP, New York City ( Bruce D. Angiolillo , Jonathan K. Youngwood and Summer Craig of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case we are asked to determine whether a corporation is entitled to the dismissal of a complaint that seeks to compel the repurchase of preferred stock. Considering the allegations and documentary proof in the shareholders' favor, we conclude that dismissal is not warranted and that the complaint should be reinstated.

I

Plaintiffs own approximately 54,000...

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